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Bill

Bill > S07527

NY S07527

NY S07527
Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.

summary

Introduced
11/17/2021
In Committee
05/17/2022
Crossed Over
05/17/2022
Passed
Dead
12/31/2022

Introduced Session

2021-2022 General Assembly

Bill Summary

Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.

AI Summary

This bill establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression (such as music, dance, literature, etc.) against the defendant in a criminal proceeding. It requires the party seeking to introduce such evidence to affirmatively prove by clear and convincing evidence that the evidence is relevant, has a strong factual nexus to the specific facts of the crime, is not duplicative of other evidence, and should be admissible despite the presumption of inadmissibility. The bill also requires the court to carefully redact, provide limiting instructions, and use the least prejudicial means of presenting any creative expression that is deemed admissible.

Committee Categories

Housing and Urban Affairs

Sponsors (6)

Last Action

ordered to third reading rules cal.551 (on 06/01/2022)
(1 Companion Bills)

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